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SCHOOL LEGISLATION 

OF THE 
SECOND CALLED SESSION THIRTY-SIXTH LEGISLATURE 



Statistics and Registraiion * 

Tax Levy for Schools and for Text Book Fund 

Consolidation of School Districts 

Emergency Transfers 

Amendment to Rural Aid Law 



ANNIE WEBB BLANTON 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION 







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Bulletin 102 



July, 1919 



ISSUED BY 

THE DEPARTMENT OF EDUCATION 
STATE OF TEXAS 



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SCHOOL LEGISLATION 

OF THE 
SECOND CALLED SESSION THIRTY-SIXTH LEGISLATURE 



Statistics and Registration 

Tax Levy for Schools and for Text Book Fund 

Consolidation of School Districts 

Emergency Transfers 

Amendment to Rural Aid Law 



ANNIE WEBB BLANTON 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION 



,„*pp??'St^?°(^ 




Bulletin 102 



July, 1919 



ISSUED BY 

THE DEPARTMENT OF EDUCATION 



/> 



STATE OF TEXAS 



A- 187-71 9-1 OM 






LIBRARY OF CONGRESS 

MAY 2 2 1936 

DIVISION Of UOCUMcNTS 



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SCHOOL LEGISLATION OF THE SECOND CALLED SESSION 
THIRTY-SIXTH LEGISLATURE. 



STATISTICS AND EEGISTEATIOK 



Be it enacted hij the Legislature of the State of Texas: 

Section 1. That Section 1 of Chapter 104, Acts of the Thirty-fifth 
Legislature;, 1917, passed at the reg'ular session, be amended to read 
as follows : 

Section 1. The State Superintendent of Pubic Instruction shall re- 
quire of judges acting as ex-officio county superintendents of public 
schools of county, city and town superintendents, of county and city 
treasurers and depositories, and of treasurers and depositories of school 
boards, and of other school officers and teachers, such school reports re- 
lating to the school fund and to other school affairs as he may deem 
proper for colleecting information and advancing the interests of the 
public schools, and shall furnish the county, city, and town superintend- 
ents, treasurers, and depositors, and other school (affairs) as he may deem 
proper for collecting information and advancing the interests of the pub- 
lic schools and shall furn^'sh the county, city and town superintendents, 
treasurers, and depositories and other school officers and teachers for the 
use of such teachers and officers the necessary blanks and forms for mak- 
ing such reports and carrying out such instructions as may be required 
by them. All teachers^ librarians, school presidents, superintendents, prin- 
cipals, or other school officers employed by all schools supported wholly 
or partly by the State, shall fill out and send to the State Department of 
Education, before the expiration of the first school month of each annual 
session a registration card, supplied by the State Department of Edu- 
cation, which card shall furnish blanks for useful statistical information, 
and said teachers, librarians, school presidents, superintendents, and 
principals shall not be paid the salary for the first month's service, except 
on the presentation of a receipt certifying that the said registration 
card has been received by the State Department of Education; provided 
also that any teacher, librarian, school president, superintendent, prin- 
cipal or other school officer employed in any school supported wholly or 
partly by the State of Texas, on changing his position from one school 
to another at any time during the school session, shall not be entitled 
to receive the first month's salary in any new position except on pre- 
senting a receipt from the State Department of Education certifying 
that he has filed with the State Department of Education another regis- 
tration card giving information as to the said change of position. The 
monthly salary of any county judge acting as ex-officio county super- 
intendent of public schools of any county, district, city, or town super- 
intendent, or principal, or any teacher, or librarian, in any school sup- 
ported wholly or party by the State of Texas, or any assessor, county 
treasurer, treasurer in county school depository or treasurer of any school 






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district depository, shall be withheld by the officials or authorities paying 
the said salary, on notification by the State Superintendent of Public 
Instruction that said county judge, acting as ex-officio county superin- 
tendent of public schools, county, district, city, or town superintendent, 
or principal, teacher, librarian, assessor, county treasurer, treasurer of 
county school depository or treasurer of school district depository has 
refused or failed to make the reports required of him; provided that this 
notification shall not be sent by the State Superintendent until at least 
two written requests have been made for the desired information and 
until thirty days have elapsed from the time of the first request without 
the receipt of the information required ; in such case the aforesaid 
monthly salary shall be withheld until a notice is received from the State 
Superintendent, certifying that the information requested has been fur- 
nished by the delinquent person. 

An employe of the State or of any district, county, city, town, or 
•school, who may be responsible for the payment of the salary of any 
county judge acting as ex-officio county superintendent of public schools 
of any county, district, or town superintendent or principal, or other 
school officer, or any teacher, librarian, assessor, county treasurer, treas- 
urer of county school depository, or treasurer of school district depository, 
after notice by the State Superintendent that the said person has failed 
to comply with the provisions of this act, shall be deemed guilty of a 
misdemeanor and shall on conviction be fined in any sum not less than 
^50.00 nor more than $500, and the State Superintendent of Public 
Instruction may withhold warrants for further payment of State ap- 
portionments until the aforesaid officials have made satisfactory re- 
ports as herein provided. 

Sec. 2. The crowded calendar of the special session .and the fact 
that many schools will open their sessions during the first week of 
September, and the necessity in reconstruction work for information 
as to school conditions creates an emergency and an imperative public 
necessity which requires that the constitutional rule providing that bills 
shall be read on three several days be suspended, and said rule is hereby 
suspended, and that this act take effect and be in force from and after 
its passage, and it ^is so enacted. 

Superintendents, principals, and heads of State schools are requested 
to inform their teachers as to the provisions of this bill. A supply of 
registration cards will be sent out by September first. Please notify 
the Department of Education, Austin, Texas, as to how many you will 
need. 



TAX LEVY FOE SCHOOL AND TEXT BOOK FUND. 



Be it enacted by the Legislature of the State of Texas: 

Section 1. There is levied and shall be collected for public free 
school purposes for the year 1919 and annually thereafter an ad valorem 
tax of thirty-five (35) cents on the one hundred ($100) dollars valua- 
tion of all real property situated and on all property owned in the State 
on the first day of January of each and every year, and on all property 







— 5- 



sent out of the State prior to the first clay of January for the purpose 
of evading the payment of taxes thereon and afterwards returned to the 
State, except so much thereof as may be exempted by the Constitution 
and laws of this State or the United States, which said taxes shall be 
collected in the same manner as other ad valorem taxes, and all of said 
taxes are hereby appropriated for such purpose for the years ending 
August 31, 1920, and August 31, 1921. 

Sec. 2. The State Board of Education shall annually, at a meeting 
designated by them each year, set apart out of the funds raised under 
the provisions of this act an amount sufficient not to exceed 15 cents 
on the one hundred ($100) dollars valuation on all property mentioned 
in Section 1 hereof to purchase and distribute the necessary school books 
for the use of the pupils of the public free schools of this State. 

Sec. 3. All laws and parts of laws in conflict herewith are hereby 
repealed. 

Sec. 4. The fact that there is now no law upon the statute books of 
this State authorizing a sufficient levy of school taxes creates an emer- 
gency and an imperative necessity requiring the suspension of the consti- 
tutional rule that bills be read on three several clays, and said rule is 
hereby suspended, and this act shall take effect from and after its pas- 
sage, and it is so enacted. 

This law was made necessar}'- because of the fact that we had on the 
statute books an old law limiting the amount of school tax which the 
State might levy to $-i.50 -per capita. While this law had been disre- 
garded in the past, it was thought wise to pass one which would author- 
ize present custom. Please note that the maximum amount which can 
be spent for free text-books is the revenue from the tax of 15 cents on 
the himdrod dollars, which was voted for this purpose, last November, 
by the people of the State. This provision should put an end to the 
groundless rumors that free text-books must be purchased from funds 
formerly used to pay the salaries of teachers. 



COFSOLTDATION OF COMMON SCHOOL DISTRICTS ONE 

WITH ANOTHEE AND OF COMMON SCHOOL DISTRICTS 

WITH INDEPENDENT SCHOOL DISTRICTS. 



Be it enacted by the Legislature of the State of Texas: 

Section 1. That when any number of contiguous common school 
districts within this State, desiring to consolidate for school purposes, 
presen-t a petition to the county judge of the county wherein such dis- 
tricts are situated, signed by twenty or a majority of the legally qualified 
voters of each district so desiring to consolidate, the county judge shall 
issue an order for an election to be held in each of the common school 
districts so petitioning, which elections shall be held on the same date. 
The county judge shall give notice of the date of such elections by pub- 
lication of the order in some newspaper published in the county for 
twenty days prior to the date on which such elections are ordered, or by 
posting a notice of such elections in each of the districts, or by both such 
publication and posted notices. 




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— 6— 



The commissioners corirt of the county in which such elections are 
held shall at its next meeting canvass the returns of such elections, and 
if the votes cast in each and all districts shovi^ a majority in favor of the 
consolidation of such common school districts, the commissioners court 
shall declare such common school districts consolidated, said districts 
being contiguous territory. 

It is herein jorovided that in the same manner as is described in Sec- 
tion 1, common school districts may be consolidated with contiguous 
independent school districts, and that when common school districts are 
so consolidated with an independent school district, the district so created 
shall be known by the name of the independent school district included 
therein, and the management of the new district shall be under the exist- 
ing board of trustees of the independent district, and that all the rights 
and privileges granted to independent districts by the laws of this State 
shall be given to the consolidated independent districts created under the 
provisions of this act. 

The term "district" as hereinafter used shall be construed to mean 
"consolidated common school districts," or "consolidated independent 
school district," as the case may be. 

Sec. 2. If at the time of such proposed consolidation there are out- 
standing bonds of any one or more of the districts proposed to be con- 
solidated, then at an election held for that purpose on some future day, 
there shall be, or at the election held for the purposes of consolidation, 
there may be submitted to the qualified tax paying voters of such pro- 
posed consolidated district the question as to whether or not the said 
consolidated district shall assume and pay off the said outstanding bonds 
and whether or not a tax shall be levied therefor, provided that if said 
election on the question of assuming said outstanding bonds is held on 
the day upon which the election on the question of consolidation is 
held, in that event there shall be separate notices^ ballots, and ballot 
boxes and tally sheets for the two separate elections. If a majority of 
said voters should vote at either of said elections to assume and pay 
off said bonded indebtedness, then said bonded indebtedness shall be- 
come valid and subsisting obligations of said consolidated district, and 
the proper officers thereof shall annually thereafter levy sufficient taxes 
to pay the interest thereon as it accrues and to create a sinking fund 
which, in addition to the sinking funds already accumulated in the 
original bonded district or districts, will pay off and retire the said 
outstanding bonds when they shall become due. 

Sec. 3. The board of county school trustees at its next meeting aitc^ 
such consolidation of school districts is declared shall appoint a board 
of seven trustees for the consolidated district. The terms of office of 
three of the trustees so appointed shall expire on the first day of May 
next following their appointment, and the terms of office of the other 
four trustees shall expire on the first day of May of the succeeding year, 
the trustees so appointed to determine by lot which three trustees shall 
serve the short term and which four of their. number shall serve the long 
term, and each year thereafter alternately three trustees and four trustees 
shall be elected by the qualified voters of the district on the first Saturday 
of April of every year, which trustees so elected shall enter upon the dis- 
charge of their duties on the first day of May next following. District 



trustees shall qualify by taking the oath of ofSce required of all State 
ofiRcers in this State, which oaths shall be filed with the county super- 
intendent of the county wherein the district is situated. The board of 
trustees after being qualified shall immediately organize by electing one 
of their number president and another secretary, a report of which organ- 
ization shall be filed with the county superintendent. Trustees so elected 
shall each serve for tAVO years from the first day of May of the year in 
which they are elected or until their successors are elected and qualified, 
and in case a vacancy is created in any board of district trustees by resig- 
nation or otherwise, the board of county school trustees shall fill such 
vacancy by appointment, which appointment shall extend to the time of 
the next regular election for district trustees. 

Sec. 4. The board of trustees of the district shall appoint three per- 
sons, qualified voters of the district, to hold election for district trustees, 
who shall make returns thereof to the board of trustees of the district 
within five days after such election shall have been held. The three 
persons holding such election shall receive as compensation for their 
services the sum of two dollars each, to be paid out of the general fund 
of the county in which said election was held. The board of trustees 
when ordering such election and appointing persons to hold election shall 
give notice of the time and place where such election will be held, which 
notice shall be posted in three public places in the district twenty days 
prior to the date on which such election is ordered to be held. If at 
the time and place for holding such election any or all of the persons 
so appointed to hold such election are absent or refuse to act, then the 
electors present may select of their number a person or persons to act 
in the place of those absent or refusing to act. 

No person shall be eligible to serve as school trustee who is unable to 
read and write the English language understandingly, and who has not 
been a resident of the State one year and of the district six months 
prior to the election for trustees. 

Seo. 5. The board of trustees so elected shall employ a district super- 
intendent for the district, who shall be elected for one year or for two 
years, as the trustees may determine, and who, in addition to his duties 
as superintendent, shall be a teacher in one of the elementary schools or 
the high school of the district. Acting in collaboration with the dis- 
trict superintendent, the board of trustees shall employ teachers for the 
several elementary schools of the district, or for the departments of the 
high school, which teachers shall be elected for one year or two years, 
as the trustees decide, and they shall serve under the direction and super- 
vision of the district superintendent. Contracts between the trustees and 
the district superintendent and teachers shall be in writing and subject 
to the approval of the county superintendent of the county wherein such 
-district is situated. 

Sec. 6. It shall be the duty of the district superintendent to visit 
personally and inspect the several schools of the district and advise with 
the teachers therein, and he shall be responsible to the district trustees 
and to the county superintendent for the proper conduct of the school 
work and the management of the schools of the district. The district 
superintendent shall spend at least one-fourth of his time in visiting and 
inspecting the schools of the district, and he shall make recommendations 



from time to time to the district trustees and to the county superintend- 
ent for any changes which in his judgment are necessary for the proper 
management of the schools of the district. The district superintendent 
shall keep such records and make such reports as are required of him 
by the district trustees and the county superintendent, and the county 
superintendent shall refuse to approve vouchers drawn against the school 
funds of the district until such reports are made by the district super- 
intendent. 

Sec. 7. The district trustees shall recognize or establish elementary 
schools within the bounds of the district as the need for .such elementary- 
schools shall appear. They shall in so far as is practicable provide uni- 
form school buildings and equipment for the several elementary schools 
so recognized or established, and they shall arrange an annual wage 
schedule for the teachers employed in such elementary schools as nearly 
uniform as is possible. It is herein expressly provided that the instruc- 
tion in the elementary schools of the district shall embrace not more- 
than the first seven grades or years of work as outlined in the course of 
study issued by the State Superintendent of Public Instruction for this 
State, and approved by the county superintendent of the county wherein 
such elementary schools are situated. 

Sec. 8. The trustees of the district may recognize or establish not 
more than one high school for white children and one high school for 
colored children within the limits of the district, which high schools 
shall be located with reference to the convenience of the majority of 
the high school pupils of either race. It is herein provided that the 
instruction in such high schools may embrace any or all of the four 
years or grades of work above the seventh grade, as outlined by the State- 
Superintendent of Public Instruction for this State and approved by 
the county board of trustees of the county wherein such high schools are 
situated. It is herein further provided that such high school may be 
located and conducted in connection with some of the elementary schools 
of the district as may be decided by the trustees of the district. 

When in their judgment it is deemed necessary or expedient the trus- 
tees of the district may provide for the transportation of pupils to and 
from any elementary school or high school of the district whereupon such 
pupils may be in attendance, and trustees are hereby empowered to em- 
ploy transportation vehicles and drivers for such service, paying the cost 
thereof out of the local maintenance fund of the district or out of such 
other funds as may be appropriated for this purpose. 

Sec. 9. It is herein expressly provided that taxing and bonding pow- 
ers as are provided for elsewhere in the laws of this State are hereby 
guaranteed to the district consolidating under the provisions of this act, 
either common school districts or independent school districts, and it is 
further provided that rural school aid shall be extended to any or all 
of the schools of th^ districts so consolidating which comply with the laws 
and rulings governing the distribution of State aid to rural schools and 
independent districts. It is further guaranteed that the law providing 
free text-books to the free schools of this State shall apply to the dis- 
tricts consolidating under the provisions of this act. Appeals from con- 
solidated common school districts shall be made to the county superin- 
tendent and board of education. 






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Sec. 10. All laws and parts of laws in conflict with this act are hereby 
repealed. 

Sec. 11. The fact that there is now no adequate law in this State 
governing the consolidation of school districts, and the further fact that 
such a law would standardize and strengthen the organization and super- 
vision of public schools within this State, creates an emergency and im- 
perative piiblic necessity, requiring the suspension of the constitutional 
rule that bills be read on three several days, and that this bill take effect 
from and after its pasage, and it is so enacted. 



CONSOLTDATTON OF A SCHOOL DISTRICT IN A¥ TKCORPO- 

EATED CITY OR TOWN WITH A SCHOOL DISTRICT IN A 

TOWN OR VILLAGE INCORPORATED EOR FREE 

SCHOOL PURPOSES ONLY. 



Be it enacted hy the Legislature of the State of Texas: 

Section 1. That there shall be added to Chapter 16, Title 48, Re- 
vised Civil Statutes, 1911, Articles 2851a, 2851b, 2851c, 2851d, 2851e, 
which shall read as follows : 

Article 2851a. When a town or village incorporated for free school 
purposes only under the general law, and hereinafter designated as an 
"independent school district,'"' and a city or town forming a part of such 
independent school district which is incorporated for municipal purposes, 
under the general law, and hereinafter referred to as an "incorporated 
city or town," shall be desirous of having the public schools within such 
independent district assumed by or under the control of such city or town, 
the same shall be done in the following manner, towit : 

Whenever as many as fifty or a majority of the resident qualified 
voters of such independent school district shall petition the board of 
trustees of such independent school district to order an election for the 
purpose of voting on the proposition of whether or not the public free 
schools in said district shall be assumed and controlled by such incor- 
porated city or town, said board of trustees shall order an election, to be 
held at the usual voting place or places, within such independent school 
district and which election shall be ordered and held in conformity with 
the law governing bond and tax elections in independent school districts ; 
except the qualified electors voting thereat need not be property tax 
payers, but must be qualified to vote under the laws of this State regu- 
lating general elections ; provided that the petition on which said election 
is ordered shall be signed by a majority of the qualified voters of such 
district living without the limits of such incorporated town or city. 

Article 2851b. All persons voting at such election in favor of the in- 
corporated city or town assuming control of the schools of such inde- 
pendent school district shall have written or printed on their ballots the 

words "for assuming control of the public free schools of 

independent school district by the city of , Texas," and 

all persons voting at such election not in favor of the incorporated city 
or town assuming control of the schools shall have written or printed on 






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—10— 



their ballots the words "against assuming control of the public free 

schools of independent school district bv the city of , 

Texas.'' 

Article 2851c. The term "assuming control of the schools" as used in 
this act shall be held to mean the assumption of the control and manage- 
ment of the schools of such independent school district by the incor- 
porated city or town in conformity with the provisions and requirements 
of Chapter 17, Title 48, Eevised Civil Statutes, 1911, except as herein 
otherwise provided. 

Article 2851 d. In the event a majority of the qualified voters voting 
at the election in such independent school district shall vote in favor of 
the incorporated city or town assuming control of the schools of such 
independent school district, it shall be the duty of the board of trustees 
of such district to certify the results of such election to the city council, 
city commission or other governing authority of such incorporated city 
. or town, together with a certified copy of the record showing all the pro- 
ceedings had in the incorporation of such independent school district 
and all boundary extensions thereto, if any, together with a well defined 
map accurately showing the territory described in such record, and if 
upon investigation by the city council, city commission or other govern- 
ing authority of such incorporated city or town, it is found that the 
election for assuming control of the schools of such independent school 
district has been in all respects lawfully held and the returns thereof duly 
and legally made, then the said city council, city commission or other 
governing authority shall, by ordinance duly passed and entered of 
record assume control and management of the public free schools within 
its limits; provided that if the boundaries of such independent school 
districts do not coincide with the boundaries of the incorporated city or 
town, then the city council, cit}'' commission or other governing authority 
shall on the same day pass an ordinance ?!xtending its corporate line for 
school purposes only so that the same shall coincide with and embrace 
the same territory within such independent school district, and provided 
further, that if such independent school district shall have an outstand- 
ing bonded indebtedness, then the incorporated city or town shall become 
bound and liable for the payment of such bonded indebtedness, and the 
city council, city (iommission, or other governing authority thereof shall 
levy and cause to be assessed and collected, upon all property subject to 
taxation within the limits of such incorporated city or town or within 
the limits of such corporation as extended for school purposes only if 
the boundaries of the former independent school district were not the 
same as the boundaries of the incorporated city or town, taxes for the 
purpose of paying the interest on such bonds and provide a sinking fund 
sufficient to redeem the same at maturity, and such tax thereafter shall 
be a2inually levied and collected so long as such bonds, or any of them, 
are outstanding and unpaid ; and provided further, that the assumption 
of the control of the schools of such independent school district shall 
not abrogate or affect any maintenance tax theretofore authorized in 
such independent school district and such tax shall thereafter be annually 
levied, assessed and collected by the proper authorities of such incor- 
porated city or town, until increased or changed by the qualified voters 
in conformity with the provisions and requirements of Chapter 17, Title 



—11— 

48, Ee vised Statutes, 1911, as amended by Chapter 169, Acts Eegular 
Session, Thirty-fifth. Legislature. 

Article 2851e. Nothing in this act shall be construed as affecting 
the term or terms of office of any trustee previously elected in such inde- 
pendent school district and serving as such at the time of the assumption 
of the control of the district schools by the incorporated city or town, 
as herein provided, and such trustees shall be vested with the same 
authority as is conferred by law upon school trustees in cities and towns 
constituting separate and independent school districts, and shall there- 
after be elected in the same manner as school trustees for ^uch cities and 
towns, in accordance with the provisions of Chapter 18, Title 48, Eevised 
Statutes, 1911. 

Sec. 2. The fact that there are now a number of independent school 
districts of this State desirous of having the schools therein taken over 
and controlled by the incorporated cities or towns, forming a part of 
such districts, and the further fact that the general laws of this State 
provide no method by which the same may be accomplished, and the fur- 
ther fact that this proposed legislation is of vital interest to the school 
children in many sections of the State and would be of great benefit to 
the public free school system of the State, create an emergency and an 
imperative public necessity that the constitutional rule requiring bills 
to be read on three several days be suspended and also that this act take 
effect and be enforced from and after its passage, and it is so enacted. 



EMEEGENCY TEANSFEES. 



Be it enacted hy the Legislature of the State of Texas: 

That the above entitled act of the Thirtieth Legislature of the State 
of Texas be amended so as to add Section 91b thereto : 

Section 91b, In the case of conditions resulting from public calamity 
in any section of the State such as serious floods, prolonged drouth, or 
extraordinary border disturbances, resulting after the scholastic census 
has been taken, in such sudden changes of the scholastic population of 
any county as would work a hardship in the support of the public free 
schools of the said county, the State apportionment of any child of school 
age may, on approval of the State Board of Education, be ordered by 
the State Superintendent of Public Instruction to be transferred to any 
other county or independent school district in any other county of the 
State; provided that the facts warranting such transfer shall be sent to 
the State Superintendent by the county or district board of trustees of 
schools to which transfer is to be made with a formal request for the 
said transfer before the first of August of the year in which such unusual 
conditions occur. The State Superintendent shall in such case notify 
the county superintendent of the county to which the funds are to be 
transferred and the county superintendent of the county from which 
the funds are to be transferred that final apportionments of school funds 
cannot be made under these circumstances before August 15. All ar- 
rangements for the said emergency transfers must be completed by the 



—12— 

15th of August following the unusual conditions causing the emergency. 
Cliildren whose State funds are thus transferred to any county shall be 
included in the number of children for whom the county school appor- 
tionment of Lhe said county is made. Any county judge serving as ex- 
officio county superintendent, county superintendent, district, city, or 
town superintendent, or any school officer who refuses to comply with 
the provisions of this act shall be deemed guilty of a misdemeanor and 
.rli;il] on conviction be fined in any sum not less than $50 nor more than 
$500, or shall be confined in the county jail for not more than sixty 
da\s, or shall be punished by both such fine and imprisonment. 

Sec. 2. The crowded calendar of the special session, and the serious 
conditions resultant upon the prolonged drouth of West Texas creates 
an emergency and an impeiative public necessity which requires that the 
constitutional rule providing that bills be read on three several days be 
suspended, and said rule is hereby suspended, and that this act take effect 
and be in force from and after its passage, and it is so enacted. 



AMENDMENT TO EURAL AID LAW. 



Be it enacted by the Legislature of tJie State of Texas: 

Skc'iion 1. That Section two (2) of Chapter 65 of the Acts of the 
liCfiuhir Session of the Thirty-sixth Legislature of the State of Texas, 
page 105, be and the same is hereby amended so as to hereafter read as 
follows: 

Section 2. State aid under the provisions of this act may be distrib- 
uted in such a way as to assist all schools of not more than 500 scholastic 
enrollment to maintain the school for such length of term, not to exceed 
nine months as may be desired by the district board of trustees, the 
granting of such aid to be subject to the following conditions: 

( 1 ) A common school district receiving this aid must not contain 
less than nine square miles. 

(2) A common school district or independent school district receiv- 
ing this aid must have had an average attendance the preceding year at 
least twenty times as many scholastics as the number of teachers em- 
ployed, and must maintain during the year in which aid is received an 
average attendance of at least 75 per cent of the enrollment during the 
time that the school is in session, unless cause for such non-attendance 
satisfactory to the State Board of Education can be shown. 

(3) Any common or independent school district receiving this aid 
must make such heating and ventilating arrangements, provide such sani- 
tary closets, and keep school premises in such condition as can be ap- 
proved by the rural school inspector sent by the State Department of 
Education. 

(4) No common school district or independent school district which 
refuses to conform to a plan of consolidation formulated by the county 
sujierintendent and approved by the county board of trustees and by the 
State Superintendent, shall receive aid from this fund for any school 
session following the school year in which such refusal is made. School 
districts in sparsely settled communities, where consolidation is imprac- 






-13— 



tinable, are to be excepted from this provision of this act ; provided, that 
the decision as to whether snch consolidation is not advantageous shall 
rest with the county board of trustees and shall be approved by the State 
Superintendent. It is expressly provided that in case of schools where 
compliance with the preceding conditions is impossible, or would work 
undue hardship, the State Superintendent shall have power, with the 
approval of the State Board of Education, to grant funds to such schools. 

(5) No common or independent school district which has received 
aid from this fund for one scholastic year shall be granted such aid a 
second time unless it shall provide for the maintenance of its schools by 
voting a tax for maintenance of schools of fifty cents on the hundred 
dollars of property valuation ; in no case shall the assessed valuation for 
the common school district be less than the valuation of the county as- 
sessor; and in no case shall the assessed valuation in towns be less than 
the assessed valuation of town property for other purposes. 

Schools of not more than 500 scholastic enrollment complying with 
the foregoing conditions shall send to the State Superintendent, on 
blanks provided by the State Department of Education, a list of teachers 
employed in the school, with a statement as to the monthly salary of 
each teacher, it being shown on this blank that the trustees lack sufficient 
funds to maintain the school for the desired length of term. The State 
Superintendent of Public Instruction, with the approval of the State 
Board of Education, may then grant to the school such an amount of 
this fund as may be necessary to maintain the school for the desired 
length of term; provided, that this period be not longer than nine sclio- 
lastic months; and provided that such aid be not granted in excess of 
an amount sufficient to pay the teachers the maximum salary permitted 
by State law to those holding certificates of the grades held by the teach- 
ers of the school district to which such aid is granted. Provided all 
school districts meeting the renuirements of this act, and not having 
sufficient available school funds to maintain their schools six months in 
the year shall be given the preference in the distribution of this fund 
until all the public schools in the State can be maintained at least six 
months in the year. And provided further, that school districts in which 
the State of Texas owns real estate in value equal to 10 per cent or more 
of the whole real estate values in such district, State aid may be given 
such school district without reference to scholastic population in an 
amount not to exceed the amount the owners of such real estate would 
pay to such school district if owned by private persons ; provided that 
this aid shall not be extended until the district has levied the constitu- 
tional limit of local taxes and has not sufficient funds to run its school 
nine months in the year. 

Sec. 2. The fact that the State owns land in some school districts 
upon which no school tax can be collected, which naturally reduces the 
school revenues and shortens the length of the school term, and the fur- 
ther fact the time is short in which to grant the relief to the schools 
herein provided for, creates an emergency and an imperative public neces- 
sity requiring the suspension of the constitutional rule which requires 
all bills to be read on three several days, and the said rule is hereby sus- 
pended, and this act shall take effect and be in force from and after its 
passage, and it is so enacted. 



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